Manikantan v Secretary, Department of Employment and Workplace Relations [2024] FCA 94

Federal Court of Australia

Manikantan v Secretary, Department of Employment and Workplace Relations [2024] FCA 94 File number(s): NSD 23 of 2023

Judgment of: PERRY J

Date of judgment: 16 February 2024

Catchwords: PRACTICE AND PROCEDURE – appeal on questions of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – whether amended notice of appeal raises questions of law – where some questions sought impermissible merits review or vague and incomprehensible – where new question of law raised on appeal SOCIAL SECURITY LAW – whether notice validly given under s 68(2) of the Social Security (Administration) Act 1999 (Cth) for the purposes of s 95(1)– where Administrative Appeals Tribunal found the applicant was required to provide statements to Centrelink – where notice complied with s 72 of the Administration Act ADMINISTRATIVE LAW – where second review Tribunal decision set aside in earlier proceeding but not first review Tribunal decision–Tribunal did not err in affirming the first Tribunal decision ADMINISTRATIVE LAW – whether applicant denied procedural fairness because Tribunal considered cancellation of his Newstart allowance under s 95 of the Administrative Act, as compared to s 80 – where applicant on notice of the determinative issue – no denial of procedural fairness ADMINISTRATIVE LAW – whether Tribunal's decision affected by apprehended bias – where applicant relied on Tribunal's written reasons to establish apprehended bias – whether procedure adopted by Tribunal supported finding of apprehended bias – where no transcript of Tribunal's hearing tendered – where no articulation of logical connection between the fact that issues were raised in cross-examination and the feared bias – no evidence to support a finding of actual bias